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10-02-2000 - Regular ..,. ..." .. CITY COUNCIL OF EDGEWATER OCTOBER 2, 2000 REGULAR MEETING 7:00 P.M. FLORIDA SHORES CLUBHOUSE MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:00 p.m. in the Florida Shores Clubhouse. ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Manager Kenneth Hooper City Clerk Susan Wadsworth Acting Police Chief William Bennett Legal Assistant Robin Matusick Present Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE There was a.silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES A. Regular Meetinq of Se~tember 11. 2000 Councilwoman Lichter made a motion to approve the September 11, 2000 minutes, second by Councilman Vincenzi. The motion CARRIED 5-0. PRESENTATIONS/PROCLAMATIONS/PLAOUES/CERTIFICATES/DONATIONS A. Vince Tornelli to address Council reqardinq his concerns relatinq to potential traffic problems of larqe trucks accessinq the Florida Shores Truck Center due to the wideninq of SR 442. Mary Hansen, Storch, Hansen and Morris, represented Mr. Tornelli. They had a good meeting with staff. There are no medians proposed. She referred to maps before and after the widening of SR 442. They thought it might be a good idea to see if they might be able to join some forces. They are here tonight because there is a very serious problem being created by DOT in its widening of SR 442. It is not proposing any kind of a turn around or a median cut that would accommodate either Florida Shores Trucking or Motorcycle Freight and R & R Grove. They are proposing the only turn around for these big semi rigs is going to be at Old Mission Road. They have had engineers look at it and they do not think there is sufficient turning radius. She spoke about this area being unsafe and it not being any better when there are high speeds, no slow downs and trucks trying to get through that can not maneuver very quickly. They don't think DOT is giving sufficient attention to this matter. They feel it is a very serious safety hazard. Ms. Hansen asked Council to 1) help them in dealing with DOT, they will be having a meeting appealing the lack of median cuts with the DOT Operations Committee, 2) help them by letting the cities know of their concern and what they intend to do and 3) assign someone to track this on through with them. '-' ...", Councilwoman Lichter agreed they have a problem there. She stated the two gentleman also didn't pick it up in the beginning if they are just hearing it now for the first time. Ms. Hansen explained the reason Council is hearing it for the first time is because DOT has just gotten to its 95% plans. Up until that point, anything DOT is proposing is iffy. They don't know exactly what they are going to take. This came to light in the eminent domain proceedings. They have been very diligent about following through on the plans that have been presented to them by DOT. They have been protesting ever since they became aware of it with FOOT. The first opportunity she had to speak to the City was when they had the pre-annexation meeting a couple of weeks ago. Councilwoman Lichter stated they want Council to be involved in three things. She asked what they want the Council to do with Oak Hill, if they want them to make them aware that this is a problem. Ms. Hansen stated yes and to express Oak Hill's concern with the safety and traffic congestion issues that this lack of median cut presents. Mayor Schmidt asked City Manager Hooper if someone from DOT is here. City Manager Hooper stated Steve Hoffman is here, he is their Public Information Officer. He referred to an e-mail package that came in from Jackie Tuttle-Caulkins which describes they are aware of the problem and have offered to meet and work with them. He has a meeting Wednesday with DOT about Roberts Road and the speed on US 1. That has already been set but they have agreed to incorporate some of this. He referred to a before and after set of aerials. He spoke about eminent domain. The real issue is they do cut off what is now a free left and right turn and they put a median in. They have offered to meet. They will meet and he thinks he would like to attend but also have the owners of the property be in attendance. It is really a DOT and owner issue. They will listen to the City but we won't have a lot of control to it but they can have some input. Mayor Schmidt spoke about the possibility of an entrance off of Cow Creek where they can get into the Truck Center. City Manager Hooper stated he thinks they are very interested in any solution that will work toward the price of buying property and that will free up some traffic movement. Ms. Hansen stated they have looked at a lot of alternatives, including Cow Creek and the problem is that is even closer to I- 95. The biggest issue is DOT has a standard that so far they have imposed rigidly. There is some room to maneuver which is why they are proceeding the administrative route and meeting with the Operations Committee to appeal the engineer's decision on no medians here. Ms. Hansen read the letter from DOT turning their request down. Councilwoman Lichter feels they got blinded with the happiness that there would be two medians and there would be some flowers and they might achieve a nice entrance to our City. She thinks there are other ways to handle that. She thinks if the truck stop had some trees in front of it and it was somewhat more hidden, she thinks that coming off the highway the State could perhaps plant a few things. Ms. Hansen informed Council they have some landscaping proposals, once they know the extent of what the taking will be. Mayor Schmidt asked if the meeting was this Wednesday. City Manager Hooper informed him yes, at 3:30 p.m. Mayor Schmidt asked if that is enough time to get them enough information they might have to help City Manager Hooper. Ms. Hansen and Mr. Hoffman agreed to provide information in the morning. Page -2- Council Regular Meeting October 2, 2000 '-' ..", vince Tornelli, one of the owners of Florida Shores Truck Center, stated they did look into making an entrance on Cow Creek Road and there is not enough room. Rick Rosen, R & R Grove, went over the purchase agreement from the State. They are offering him money already and need Council's help now. He spoke about the median cuts on SR 44 being every 60 to 100 yards. He spoke of the safety issue and pulling out onto SR 442 off of Mission Road. Mayor Schmidt feels the possibility of even having to make U- turns at Mission Road shouldn't even be thought about by anybody. City Manager Hooper stated they have looked at this as a very rural section, the whole design standard. Obviously this is a major interchange with an interstate. It may be rural looking today but it will turn into a very. urban design. They need to get their attention and describe this to them and show them the land uses. Councilman Vincenzi asked what they can do for them. City Manager Hooper stated to direct staff to meet with them and that the City wants a median cut in front of the truck stop. Ms. Hansen asked where the meeting will be. City Manager Hooper stated at the DOT office in Deland and agreed to call them because that is a separate subject but they are going to let him talk about this. CITIZEN COMMENTS Mayor Schmidt asked anyone who would like to speak about fluoride to wait until the public hearing. Dominic Capria, 606 Topside Circle, spoke about water which has been sold to the County which is being sold to our friends to the south cheaper than the citizens of Edgewater are paying. He was under the opinion that they would raise their rates equal to us. That has not happened. He referred to an article in the newspaper September 23rd. They reduced the rates further. He has asked several time for Council to look into it and he still doesn't have an answer satisfactory to him. He further commented on what they are paying. He would like someone to look into this. Councilman Vincenzi asked what kind of answers he is looking for. The City is selling it to the County and they are selling it back to someone else. Mr. Capria stated if they can sell it that ch~ap, why can't the City of Edgewater do the same for its citizens. City Manager Hooper stated we sell water at a wholesale rate to the County. The County purchased Hacienda Del Rio and other small private utilities for a fairly high price. In the purchase agreement they agreed over a period of time to hold lower than normal County rates for those residents. As those time frames come up they have started raising the rates. Other County customers are subsidizing and paying a higher rate because these have a reduced price at least for a period simply because when they bought the utilities they agreed to hold a fixed price for a number of years. They are under the process of raising some of the rates and they will wind up higher than the current rates that we currently charge. Councilwoman Rhodes clarified the overall County cost for water to the citizens of the County is comparable with ours because one side is making up for what the other side is not paying. City Manager Hooper informed her that is correct. That is a fairly temporary problem because the County is trying to get to a uniform rate system. Page -3- Council Regular Meeting October 2, 2000 '-" ."", Mayor Schmidt asked if there is anyway to get from the County a letter regarding what their intent is and how long it is going to take to get where they want to get price wise. City Manager Hooper stated they can get from County staff a guideline and their proposals. Councilwoman Lichter stated it was brought up at the Water Alliance very recently that by the year 2010, probably we will all be paying in the County with more cooperation and more links and very soon it will probably be the same rate over the total counties. City Manager Hooper stated he has offered to meet with Mr. Capria and he has not done that yet. Mr. Capria stated he would rather it be open to the public rather than one on one. He read part of a letter from November 15, 1990 signed by Edgewater Landing's developer. There was no cost involved with bringing water to them. Al Whitehurst, Navigators Way, spoke about the different street signs in Edgewater. He feels anyone trying to read a street sign on u.S. #1 is going to kill somebody or themselves. He spoke about the nice street signs on Roberts Road. He feels this is the way the City should go. He is against the lighted signs and thinks they should go uniform with big, black letters like on the street signs on Roberts Road. Mayor Schmidt asked if the signs themselves, had bigger letters would that be better? One of the complaints they have heard was that they are smaller than what people are used to. Mr. Whitehurst stated they are much smaller than what people are used to. If you increase the street sign itself and still leave the advertising, what are people looking at, are they going to look at the street sign or the advertising? Are they going to light up these signs at night? Mayor Schmidt explained as they get advertisements on them, they go ahead and hook the electric up and light them up. Mr. Whitehurst feels if they light the advertisement at night you probably can't see the street sign. Councilwoman Rhodes spoke about the street signs in Daytona Beach Shores being larger than what we have in Edgewater and these signs being easily read. Andy Anderson, pine Tree Drive, stated there has been a hole in the road at the intersection of 12th Street and pine Tree Drive for a year. He asked if Public Works could fill it in. Mike Visconti, 316 pine Breeze Drive, spoke about Florida Shores Truck Center. He feels with the widening of SR 442 and the future expanding of SR 442 to SR 415, this is a perfect time to have a liaison officer from the City to the DOT to make whatever changes have to be made. It is also a perfect time for the landscaping and beautifying of the entrance into our City. Eliabeth Donahue, Umbrella Tree Drive, asked about the potential sale of City Hall. She knows we have a site Committee looking for property at this time for a new City Hall. She stated if City Hall is sold, which she doesn't see how they can, because if she remembers correctly back in 1989-1991 they were discussing it and they weren't able to, what is going to happen to Kennedy Park? City Manager Hooper stated at this point, there is no plans to do anything other than study the option. If they were to relocate City Hall, where would be the likely spot. That is the real charge of the Committee. It has gone on further looking at specific sites and have talked of what types of projects could go in at City Hall, but he thinks that is way beyond where we are right now. Page -4- Council Regular Meeting October 2, 2000 '-" ~ City Manager Hooper further stated there is no' intent to do anything different with Kennedy Park. There has been discussion, mostly from staff, about the relocation of the shuffleboard and some of the areas to expand Kennedy Park as far as the boat ramp and a natural park but that has been the extent of it. Anything to change obviously will have major budget implications and will come back to Council for any kind of public input and then a final vote. There is nothing underway at this point other than a Committee to look at the feasibility, if it were relocated, where in the City would be a good spot. Mayor Schmidt stated when he brought this up a few months ago, it was just exploratory, let's see what our choices are. Eventually they know something needs to be done. Things aren't getting any cheaper and land is becoming scarce. Nobody has a pen ready to sign any papers. It is a group of citizens looking around. Ms. Donahue stated if you look at some of the articles in the paper, it gives you the impression that it will be soon. Mayor Schmidt spoke about exaggerations happening with the newspaper. We are just looking to see what is available. City Manager Hooper stated they have done the research on the deeds. He finds nothing. They haven't finished the research but at this point they have been through the deeds and there is nothing prohibitive on the City Hall site. On Kennedy Park, they have accepted some grants and there are some strings attached. Mayor Schmidt stated he is assuming we have the title. He asked Ms. Matusick about a title research company doing some work when it gets to that point. Ms. Matusick stated yes, ownership and encumbrance search that will show any restrictions. City Manager Hooper stated that would probably be the next step, to 'have Foley and Lardner contact somebody. The whole report will come back to Council before they authorize any expenditure to date, they have spent zero dollars. Jean Whitehurst, 802 Navigators Way, commented on the signs. She feels they all agree the size of the street signs are small. As she drives down U.S. #1 she sees signs allover. She feels we are becoming an alleyway of advertisements. She feels it is a little too much over the top. Paul Jenkins, willow Oak Drive, used to be in the business of selling signs. The only problem he has with those signs is they have a sign code that restricts the business owners on the corners to a setback from the road and also from the corners. They can't put their sign on that corner but now there is another commercial sign on the corner which competes with their sign. He feels this is unfair. If they are going to keep using these, they should give that business owner the consideration of whether he wants it there, or if you are going to put it there anyhow, at least the right of first refusal to purchase that space. Mr. Jenkins spoke about the water issue. It was said a year ago they would look at the water rates. He still feels the tiered water rates that charge more as you go up, when you get up to 7,000 gallons you start subsidizing when you go over 7,000 gallons. The rate goes higher and higher. When you start subsidizing with a family where you have more people and more need for the water, you start subsidizing the person using 2,000 or 3,000 gallons. He feels if everybody had an equal rate per 1,000 gallons, he would pay $5 - $10 a month less. He feels it is not a conservation issue. He feels they need to look at this and that it is long overdue. Page -5- Council Regular Meeting October 2, 2000 ~ """"" Myron Hammond, 1821 Royal Palm Drive, spoke about having a new Acting Police Chief. He has had a lot of customers come in and say this is a great move. They hope the Council will look at Acting Chief Bennett as being the Police Chief. He feels he is a very capable person. CITY COUNCIL REPORTS Councilwoman Rhodes had nothing at this time. Councilwoman Lichter reported that the Anti-Litter Committee now has 15 members. There are two aspects: one is Adopt-A-Street, which people are already picking up a given street and the second part is Clean Scene Day which will be February 17th. Edgewater is working with the Chamber and Friends Bank of New Smyrna. Councilwoman Lichter stated she attended a Humane Society Meeting and they voted her on. She is on the by-laws Committee and she thinks they will have some settled changes that way. She volunteered to work on the Haunted House they will be having. Mayor Schmidt commented on his tour he took of the YMCA. He feels it is going to be a welcome asset. He hopes everyone gets a chance to use it. They are shooting for May to get the pool open. Mayor Schmidt spoke about the power pole by Regions Bank that is being held up by no less than seven or eight cables. He expressed concern that something is going to happen. Councilwoman Lichter stated they reported that a long time ago and they should have done something. Mayor Schmidt stated the power lines are off of it but cable isn't. City Manager Hooper agreed to look into this. Mayor Schmidt spoke about the U.S. 1 corridor between Indian River and Roberts Road. Another member of the community was killed along that stretch. There was also another accident at the corner of Roberts Road and U.S. 1. Four and a half weeks ago he was a victim of an accident on that corner. He thinks in the last six weeks there has been four accidents at that corner. Over the last 2 ~ years, he knows of three people that have been killed between Winn Dixie and Roberts Road. They were told DOT is doing a study. His message that he would want to get out to DOT is how many more studies will it take. He feels it is time to get the speed limit down to 45 mph. city Manager Hooper stated the reason for the meeting on Wednesday really is that. They have agreed to complete the study and finish that. They are going to go over the results. He feels positive results will come out of that. Councilwoman Lichter spoke about eight years of correspondence she gave to city Manager Hooper where she has been trying to get that speed down. She feels they have to be led there to see it. Councilman Brown agreed with lowering the speed limit on U.S. 1 between Winn Dixie and Roberts Road. Councilman Vincenzi also spoke about lowering the speed limit on U.S. 1. He suggested until they find out if they can get it reduced maybe they need some more police action down there. Mayor Schmidt stated if they decide and they say they can't, he would like them to come before Council with an explanation of why and then put them on the spot. He spoke about it being 45 mph through Oak Hill. City Manager Hooper explained that has been part of his logic with DOT. Page -6- Council- Regular Meeting October 2, 2000 '-" ...." PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearinq. Addition of Fluoride to the Water - for discussion ~nd Dublic inDut Mayor Schmidt opened the public hearing. City Manager Hooper stated he is going to have Terry Wadsworth come up and talk-briefly. He commented on a memo in the Council's package that came from an engineer with P.E;C. He had her highlight the pros and cons. He commented on an Internet package from the American Dental Association. Department of Environmental Services Director Terry Wadsworth made a brief presentation regarding fluoridating the water supply. He went on to refer to the benefits and risks listed in the memo from P.E.C. He further commented on the staff at the Water Plant and the budget being able to withstand it without any increase in rates. Mayor Schmidt asked what cities don't have it. Mr. Wadsworth informed him in Volusia County, Orange City and Edgewater don't have it. Mayor Schmidt- further asked about problems other cities may have had. Mr. Wadsworth stated he hasn't heard any concerns in the public sector in those communities with it. He commented on concerns with handling the chemicals. As far as the public as a whole, he has heard of no adverse health effects or problems related to it. . Mayor Schmidt asked if any of these cities have recently added it. Mr. Wadsworth informed him DeLand added it about two and a half years ago. Councilwoman Lichter feels we have enough chemicals in our water. She feels they have to listen to their own citizens. - She spoke of other ways of people doing fluoride. Due to problems. with the tape recording, the minutes from this point on may not be accurate. City Manager Hooper spoke about funding coming from the Health Department because they strongly endorse it. Mayor Schmidt opened the public hearing. Roland Bazin, 104 E. Park Avenue, pointed out that 80% to 90% of the world is not fluoridated. The U.S. is one of the most fluoridated countries in the world even though it has one of the highest tooth decay rates. He further commented'on other chemicals added to the water. He feels fluoridation is a threat to pure wa~er and to health due to it weakening- the. immune system. He al~o feels it is a threat to our tax money. He went on the Internet and got information, which was given to the Council. He referred to an article in the Observer. He urged the Council not to spend a dime until this goes to a referendum. - Howard Duff, 609 Mooring Lane, referred to an article in Readers Digest. If fluoride is so bad, which he doesn't think ~t is, what is so bad with putting it in the water. He feels it is good for you and it isn't harmful. He is 100-% in favor of-putting fluoride in the water. Marilyn Hect, registered dental hygienist for 21 years,- spoke of being a firm supporter of fluoride in the water. She feels adding fluor.ide to the water is no different than adding chlorine to the water: Page -7- Council Regular Meeting October 2, 2000 ~ ..., Ms. Hect spoke of the benefits to children's teeth. Every city from Edgewater to Palm Coast, except Edgewater and Flagler Beach have fluoride in their water. She feels 3/4 of the people aren't even aware they aren't getting fluoride. She urged the Council to add fluoride. Mayor Schmidt asked about the chemicals mentioned earlier. He asked if any of those are natural. Mr. Wadsworth explained all of the chemicals mentioned by Dr. Bazin are added at the plant to bring the water up to state and Federal standards for water treatment. Some of the chemicals have to be added to bring the water up to drinking water standards. Mayor Schmidt asked if the chemicals are basic to every city's water supply. Mr'- Wadsworth explained they are common to city water supplies that have lime treatment systems, like Edgewater. Angie Seals, 3320 Mango Tree Drive, read a prepared stated regarding fluoride being banned from much of Western Europe. She commented on the harmful effects of fluoride. She further presented statistics regarding fluoride. Mayor Schmidt asked the source of information for Ms. Seals report. Ms. Seals said she got all of the documentation off the Internet. There was a ten-minute recess at this time. Mayor Schmidt asked for comments from the Council. Councilwoman Rhodes commented on an idea a lady had during the break for resolving this issue. She suggested putting the question do you want fluoride in your water on the portion of the water bills that is returned to the City with Council to vote on it at a future date. Mayor Schmidt stated he doesn't have a problem with that suggestion but he would want to see something educational, possibly in the newspaper. He would like this to get to some of the people that don't know what is going on. He wants this to be fair to everyone. He suggested an interview through the newspaper. City Manager Hooper suggested they use the Edgewater ShoreLines. He suggested they put some of the facts as well as list some of the Internet websites where information can be found. Councilman Vincenzi feels sometimes the websites are not reputable. City Manager Hooper suggested they also put information on the City's website. Mayor Schmidt suggested people also speak to their dentist. City Manager Hooper suggested putting it on the water bills in January. Councilwoman Lichter stated she didn't care what means they use as long as the people make the decision. She feels people should ask their dentist and feels this is a health decision. , Dr. Charles Gebelein, 1730 Umbrella Tree Drive, referred to a handout with regard to fluoridation of drinking water. He spoke about domestic uses for drinking water and fluoride with regard to children. He spoke about information he has gotten off the Internet with regard to fluoridation and Finland, Germany and Hungary stopping the use of it. He commented on the difference between fluoridation and chlorination. He doesn't feel putting fluoride in the water is a good idea and feels the money could be used better other ways. He went on to speak about dental hygiene. Page '-8- Council Regular Meeting October 2, 2000 " ...... ..., Andy Anderson, pine Tree Drive, spoke about ingesting fluoride. He spoke about going to the dentist to have fluoride put on your teeth. He doesn't think it should be in the water system for everybody. Albert Bayus, 318 pine Breeze Drive, commented on a handout by Dr. David Williams. He commented on calcium fluoride and sodium fluoride. He presented a scenario of people that drink ten glasses of water a day compared to someone that drinks five glasses of water a day. He feels it is hard to control the amount of fluoride. He spoke about absorbing fluoride in the skin when you take a shower. He further spoke if this is placed on a referendum. He spoke of health issues with regard to fluoride. He went on to speak about the founder of fluoridation changing his opinion and refusing to tell the public because the damage is already done. He further commented on places where fluoride has been banned. stephen Lester, Dentist, Office in Edgewater, commended the Council and feels they are on the 'right track with a public vote. He commented on the educational process. He feels the websites are a good idea. He spoke of fluoride being useful for younger people as well as beneficial to older people. He commented on root caries and it being very hard to treat and fluoride is very useful for this. He said he read the same journals referred to tonight and came to the opposite conclusion. He referred to some health issues. He commented on reputable organizations that support public water fluoridation. He feels it is effective and it is not dangerous. He feels the other issue would be is it safe? To him that is the real educational issue for the voters to decide. Paul Jenkins, willow Oak Drive, commented on the five articles he got off the Internet that was given to council during the break. He commented on the problem he has with a vote being whether the voters know all the issues and where they got their information. He feels those who want it can get it at the dentist and in your toothpaste and mouthwash. Those who don't want it will be forced to have it in the water if it is put in the water. He spoke to his cousin who is a dentist and he informed him it only works on enamel while it is forming. He feels this is a chemical that is actually a hazardous waste. He spoke of having too much of it in your system. Mr. Jenkins referred to his handouts that he got off the Internet. Ms. Hect feels there is a misunderstanding on how fluoride is up taken and when and further elaborated on fluoride for children. She feels everyone benefits from fluoride. She feels the people are getting the wrong information and urged them to do their own research. Jay Michael McKay, Riverside Drive, spoke about his younger daughter having dental fluorosis. He spoke to a company from Palm Beach County and their comments were why would you be putting fluoride in your water. It took them three or four years to get it out of their water. Mayor Schmidt felt they ha~e heard all they are going to hear. He thanked everyone that provided information. Staff will do some research and they will see where it goes from there. CONSENT AGENDA There were no items to be discussed on the Consent Agenda. Page -9- Council Regular Meeting October 2, 2000 ~ ~ OTHER BUSINESS A. Southeast Volusia Humane Society Aqreement - staff requestinq Council review and supplv comments and/or sugqestions for insertion into the draft Aqreement City Manager Hooper went over information that has been included in the draft agreement with regard to the Southeast Volusia Humane Society. City Manager Hooper explained if they change the holding period from three days, it will take an ordinance modification, which isn't a problem. He further commented on holding periods. City Manager Hooper further went over the draft agreement. He requested whatever fee they charge us is the same as what is being charged in their service area. He wants a uniform rate. City Manager Hooper wants it to be renewable yearly. He briefly commented on options in the very near future. He is seeking conditions that Council wants to change to add. At that point, he will send it to the Humane Society, who will fill in any blanks and then he will bring it back to Council. Councilwoman Lichter would like to convey that they need evening hours. She would like to include that they make effort to utilize foster homes as well as rescue groups. also feels they need to include proof of residency. She there should be documentation on why an animal should be destroyed. Councilwoman Rhodes would like to see the reasons an animal is euthanized included with the monthly report from Humane Society. some every She feels why the Councilwoman Lichter asked about having verification that an animal has rabies. City Manager Hooper spoke about it being reported and a veterinarian becoming involved, who verifies it. Councilwoman Lichter commented on why she thinks a three day holding period isn't enough. She can compromise with five days instead of seven days. She spoke about setting the pattern for New Smyrna Beach. She further spoke about separating a litter. She went on to speak about found animals being listed in the newspaper. Council agreed on a five day holding period for all animals. City Manager Hooper asked if they are wanting them to hold the animal of five days if someone is there to adopt. Councilwoman Lichter stated no. City Manager Hooper asked if Council wants them to hold the animal a minimum of three days and after three they can adopt but they can't euthanize an animal for a five day period. Councilwoman Rhodes mentioned adopting a stray that belongs to someone else. Councilwoman Lichter feels it should be five days so the owner has a better shot of finding the animal. City Manager Hooper asked if five days was the consensus and informed Council they would have to make an ordinance change. He agreed to prepare it and bring it back. He also agreed to change the draft agreement. Mayor Schmidt asked if the rate will be negotiated. City Manager Hooper stated right now it says $17,500 per year flat fee. He would suspect that is based on three days holding. If they tell them they want five days, it will probably come back with a different cost. They may also be talking of a per animal fee where before it was a flat fee. He thinks that is still to be negotiated. Councilwoman Lichter commented on the increase from $15,000 to $17,500. Page -10- Council Regular Meeting October 2, 2000 'w' ..., Gail Wells, 2503 Woodland Drive, stated she has been going to the Humane Society since 1990 and she has never been there when all the cages are full. She spoke about only 8% of the animals being adopted. She feels they are doing a terrible job if they are only finding homes for 8% of the animals. Their cages are never full so she doesn't think they should be allowed to put an animal to sleep unless the cages are full. Councilwoman Lichter stated the meetings of the Humane Society are open to the public. The next meeting is next Tuesday night at 7:00 p.m. Paul Jenkins, willow Oak Drive, spoke about the issue of the five days and the issue of staying open later two days a week. Councilwoman Rhodes m~de a motion to authorize City Manager Hooper to send this draft agreement to the Humane Society, with a copy going to New Smyrna Beach, second by Councilman Brown. The motion CARRIED 5-0. B. Franchise Aqreement for Off-site Siqns - staff requesting Council review and discuss the agreement with Smart Lite. a division of Directional Ad-Vantaqe Florida. LLC. City Manager Hooper made a staff presentation. He commented on problems they are having with DOT. He feels they have violated some of the conditions and terms of the contract which gives them an easy out. He is looking for some direction. He commented on comments made regarding not being able to read the signs. They have offered to make larger letters and use better lighting. The Council has options before them or they can tell them they are not interested. Councilwoman Lichter commented on why she feels they are not necessary. Mayor Schmidt opened and closed the pUblic hearing due to there being no comments. Councilwoman Rhodes doesn't think the signs did what they were intended to do. She feels the advertisements are too small. Councilman Brown hasn't had a positive comment yet. Councilman Brown made a motion to do away with the signs, second by Councilman Vincenzi. The motion CARRIED 5-0. Councilman Vincenzi asked if they could look into having a program for lit street signs. City Manager Hooper agreed to look into this. OFFICER REPORTS Mayor Schmidt thanked Dick Martinez for his work with the sound system and the Homeowners Association for the use of 'their building. City Clerk Wadsworth thanked Mrs. Anderson and Mr. Turner for their help with getting the Florida Shores Clubhouse. Legal Assistant Matusick had nothing at this time. City Manager Hooper informed Council of a grant the Police Chief applied for that was approved for $20,000. There is discussion regarding what it will be used for. Page -11- Council Regular Meeting October 2, 2000 ~ .."", CITIZEN COMMENTS/CORRESPONDENCE There were no citizen comments at this time. ADJOURNMENT There being no further business to discuss, Councilman Brown moved to adjourn. The meeting adjourned at 10:08 p.m. Minutes submitted by: Lisa Bloomer Page -12- council Regular Meeting October 2, 2000